Mawar succeeds in setting aside judgement in default
29 Jul 2022 05:44pm
Mawar will file a statement of defence and counterclaim against the parties named in this case within 14 days from today.
A
A
A
Mawar’s lawyer Datuk Mohd Imran Tamrin, when contacted, said Sessions Court Judge Effandi Nazila Abdullah allowed his client’s application at today’s proceeding, which was conducted online.
"Henceforth, Mawar will file a statement of defence and counterclaim against the parties named in this case within 14 days from today," he said.
The matter was also confirmed by Nabil’s lawyer, Nik Zarith Nik Moustpha (repeat: Nik Moustpha).
On Jan 11, the court allowed Nabil’s application for a judgement in default against Mawar after she failed to enter an appearance in the lawsuit.
Mawar in a supporting affidavit to set aside the judgment in default , said she never received a copy of the judgement from the plaintiff or his lawyer at any time until her lawyer filed the notice of attorney’s appointment last April 14.
In the suit filed in December 2021, Nabil was seeking Mawar to repay an amount of RM720,000 which he had given to her in accordance with a friendly loan agreement which had been agreed upon and signed by both of them.
He claimed that based on the agreement, Mawar, among others, had to repay RM100,000 before or on every 1st day of the month for six consecutive months starting June 1, 2021, while for the seventh month, Mawar was to pay RM120,000 as the last payment for the loan.
"However, up to the date of filing of this writ and statement of claim, the defendant failed to repay the entire loan as stipulated in the agreement, despite several requests made by me or my representative,” he said. - BERNAMA
